52 Exercise of power to make orders, rules and regulations.E+W
(1)Any power of the Secretary of State to make rules or regulations under this Act and the power of the Secretary of State to make an order under section thirty–four [F1, 37 or 40A ] of this Act [F2or under Schedule A1 to this Act ] shall be exercisable by statutory instrument.
(2)Any statutory instrument containing regulations made under section sixteen or an order made under section thirty–seven of this Act, . . . F3 shall be laid before Parliament.
[F4(2A)A statutory instrument containing an order under section 40A(7) which relates to List A (whether or not it also relates to List B) shall not be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.
(2B)A statutory instrument containing an order under section 40A(7) which relates only to List B is subject to annulment in pursuance of a resolution of either House of Parliament.]
[F5(2A)A statutory instrument containing an order under Schedule A1 to this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.]
(3)The power of the Secretary of State to make an order under section six or section thirty–four of this Act [F6or under Schedule A1 to this Act] shall include power to revoke or vary such an order.
Textual Amendments
F1Words in s. 52(1) substituted (1.4.2008) by Offender Management Act 2007 (c. 21), ss. 22(2)(a), 41(1); S.I. 2008/504, art. 3(h)
F2Words in s. 52(1) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 14 para. 1(2); S.I. 2007/709, art. 3(p) (with art. 6)
F3Words repealed by Criminal Justice Act 1967 (c. 80), Sch. 7 Pt. I
F4S. 52(2A)(2B) inserted (1.4.2008) by Offender Management Act 2007 (c. 21), ss. 22(2)(b), 41(1); S.I. 2008/504, art. 3(h)
F5S. 52(2A) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 14 para. 1(3); S.I. 2007/709, art. 3(p) (with art. 6)
F6Words in s. 52(3) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 14 para. 1(4); S.I. 2007/709, art. 3(p) (with art. 6)